The Identification Of ’ Violent Attack On The People ’s Police Who Are Performing Their Duties According To Law ’ In The Crime Of Assaulting Police

Throughout the two years of theory and practice,there are still many disputes about the identification of ’ people ’s policemen who violently assault policemen are performing their duties according to law ’ in the crime of assaulting police.Based on the statistics and analysis of 895 relevant judgment documents,this paper summarizes the problems and causes of the identification of ’ violent attacks on the people ’s police who are performing their duties according to law ’,and then clarifies the protection of the crime of assaulting police.On the basis of legal interests and risk types,the specific identification of ’ violent attacks ’,’ people ’s police ’ and ’performing their duties according to law ’ is explained.In addition to the introduction,this article is divided into five parts :The first part : the problems and causes of the identification of ’ violent attacks on people ’s police who are performing their duties according to law ’ in the crime of assaulting police.In judicial practice,when determining whether the perpetrator constitutes the crime of assaulting police,there are mainly the following problems :First,the determination of ’ violent attack ’ is controversial.Among them,there are differences in understanding in practice about whether ’ material violence ’ belongs to violence in the crime of assaulting police,whether ’ violent purpose ’ requires initiative and aggression,whether violence needs to have ’ suddenness ’ and ’ degree of violence ’.Second,whether the auxiliary police belong to the ’ people ’s police ’ in the crime of assaulting police is controversial,and there are different identification standards in practice.Thirdly,there is a dispute over the identification of ’performing duties according to law ’.The problem of irregular law enforcement by the police has become the focus of controversy between the prosecution and the defense.The reasons for the above problems mainly include : First,many concepts in the crime of assaulting police are vague,and there is no judicial interpretation to make clear provisions.Secondly,the legal interests of the protection of this crime are controversial,which affects the grasp of the elements of the constituent elements.Third,the type of dangerous crime is not clear.Fourth,the specific grasp of the criminal policy of combining punishment with leniency is different in combating violent attacks on police.Fifth,there are cognitive differences in the judgment and application of the crime of assaulting police by judicial staff.Sixth,the normative interpretation of the same concept has contradictions between different departmental laws.The second part : the protection of legal interests and dangerous types of the crime of assaulting police.The legal interests of the crime of assaulting police are social public order and the personal safety of the people ’s police.The main legal interests should be the social public order with the execution of official duties as the core,and the secondary legal interests are the personal safety of the people ’s police.The crime of assaulting a police officer is a specific dangerous crime.Violent attacks should produce specific dangers that are sufficient to disrupt public service to constitute the crime of assaulting a police officer.The third part : the identification of ’ violent attack ’.Violence in the crime of assaulting police is violence in a narrow sense.The violence in the crime of assaulting police should be ’ active ’ and ’ aggressive ’,and need not be ’ sudden ’.The limit of violence should be combined with the means,methods,circumstances and other factors of assaulting police,and comprehensive consideration should be made according to the specific situation.Attacking the police causes serious injury or death to the people ’s police,which belongs to imaginary concurrence.The fourth part : the identification of " people ’s police." The object of the crime of assaulting the police is the people ’s police who are performing their duties according to law.Under the command and supervision of the people ’s police,the auxiliary police and the student police who cooperate with the police law enforcement should also belong to the object of the crime of assaulting the police.The fifth part : the identification of ’ performing duties according to law ’.The state closely related to the performance of duties should also be recognized as ’performing duties according to law ’.The legality judgment of the duty behavior of the people ’s police should adopt the objective theory and the standard of behavior.The people ’s police who carry out defective official duties without serious violation of procedural requirements can be deemed to perform their duties according to law.